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<br />. <br /> <br />.' <br /> <br />FLYNN AND ATWELL <br /> <br />A'I'TORNEVS AND COUNSELORS AT LAW <br /> <br />SlllTE 600. Tux CONTIl'lrZN'l'A~ .YATlOl'lr...... BANK. Bt~lI.nI::vO <br /> <br />ENGLEWOOD, COLORADO 80110 <br />008-'t89-1869 <br /> <br />BODERT J. FLYNN <br />HARRY J. ATWELL <br />TIMOTHY J. FLYNN <br /> <br />March 13, 1981 <br /> <br />Mrs. Mary Martel, Staff Assistant <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />823 State Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br /> <br /> <br />) <br /> <br />CuL0. V,Aii::R <br />CONSERVATION BOARD <br /> <br />Re: Platte Canyon Water and Sanitation District. <br />Contract for Reimbursement for cost of <br />installation of Discharge Line beneath <br />the Platte River in accordance with the <br />Chatfield proiect Channel Improvement. <br /> <br />Dear Mrs. Martel: <br /> <br />Enclosed herewith please find four (4) executed <br />copies of the pertinent Contract which you furnished <br />to this office previously. <br /> <br />Please be advised that the Platte Canyon Water <br />and Sanitation District is pleased to receive reimburse- <br />ment pursuant to the Chatfield Project; however, not- <br />withstanding that we have executed the Contract, and <br />looking forward to reimbursement, we must inform you <br />that the printed "Special Provisions" of the Contract, <br />are categorically and unequivocally not relevant to <br />the agreement between the State and the District. <br /> <br />The Platte Canyon District is not a contractor, <br />but is a claimant seeking reimbursement for services <br />previously performed; and accordingly, notwithstanding <br />the terms of the Contract, we categorically reject the <br />"Special provisions" of the printed Contract which are <br />obviously not applicable, and in no way pertinent to <br />the contractual relationship between the State and the <br />Platte Canyon Water and Sanitation District. <br /> <br />I would be pleased for you to forward these comments <br />to the appropriate person in the Attorney General's <br />office so that ultimately we may arrive, with a degree <br />of intelligence, wherein the nonapplicable and nonperti- <br />nent "Special provisions" can be stricken from the written <br />agreements between the State and various municipalities <br />and individuals. <br />